They denied it was ultra vires, too!Tinkerhell said:I even looked up that latin bit about being outside their power. hehehe.
True but it would still be their job to defend them in court if they insisted on passing such an ordinance. They might not be able to mount a decent defense but they would still have to try.Malum Prohibitum said:Of course, one would expect that if the county commission said, "We want to pass an ordinance that allows our Sheriff's Deputies to arrest anyone overheard in a county park discussing political matters and jail them for up to six months," that the county attorney's obligation would not be to tell them that is ok.
Are they saying that they think that you are not due relief because they aren't wrong? Or, are they saying that they have no power to grant the relief that you ask?Plaintiffs have failed to state a claim against Coweta County upon which relief can be granted.
Am I the only one that is incensed by this? :xWHEREFORE, having fully answered Plaintiffs' Complaint, Coweta County respectfully prays: ...
b. that all costs of court be cast upon the Plaintiffs;
I was suspicious that it was baseless :bsflag:. If I were the judge (let's all hope it never comes to that), this would really anger me. What action could the judge take if he were so inclined? Something more substantial than voicing his disapproval on the record?Malum Prohibitum said:Lots of attorneys simply state that as a matter of course in every answer they file, with no basis for stating it. Unfortunately, judges do not very frequently take action against attorneys who do this sort of thing.
Sanctions. Financial, like an award of money against the party or the attorney. Legal, like striking the answer and declaring them in default. Neither one is very likely.geaux_tigers said:What action could the judge take if he were so inclined? Something more substantial than voicing his disapproval on the record?